Independent TD Denis Naughten is calling for the Fair Deal nursing home legislation to be back-dated to provide a refund to farmers in care who have paid the 7.5% contribution based on their farm value for more than three years.

The long-awaited legislation was approved by Cabinet last week but the changes were approved by Government in 2018.

Under the new legislation, the open ended 7.5% contribution based on an individual’s farm or small business will be capped at three years.

The Roscommon-Galway TD is to table amendments to the legislation to cater for a retrospective payment to be made to farmers who had paid for longer than the three years since 2018.

“We should go back as far as July 2018, so there would be a retrospective element to it,” Naughten said.

The application should have happened from when the Government decision was made, even before the legislation was enacted, Naughten contends.

“The number of people involved is quite small but some of the families are facing significant bills which may force the sale of the family business or farm,” he said.

“It is only fair that the new charging regime apply from the date of the Government decision and not the enactment of the bill itself.”